'529 NDPS Trials Pending Due To Delay In Forensic Reports': Kerala High Court Directs State, PSC To Take Action

The Kerala High Court has noted that more than 500 cases under the NDPS Act (Narcotic Drugs and Psychotropic Substances Act) are pending before the trial courts due to delay in getting reports from the Forensic Science laboratories (FSL).

The Special Bench of Chief Justice Nitin Jamdar and Justice C. Jayachandran was hearing petitions for curbing the drug menace in the State. One of them was a petition filed by Kerala State Legal Service Authority (KeLSA) regarding pendency of NDPS trials due to delay in reports from FSLs.

"Registry has informed us that there are 529 matters pending because of the delay in getting reports from the laboratory. There are certain orders passed on the judicial side granting bail because of the delay. So when we are talking about this problem of curbing the issue of narcotic drugs, the penal side is important. Trials are getting delayed," the bench orally observed.

Earlier, the Court was informed that the trials were delayed due to non-filling of posts of scientific officers in FSLs. Thereupon, it had asked the State and the Public Service Commission (PSC) to work hand-in-hand to fill up vacancies in the posts of the FSLs and to hold a joint meeting. 

When the matter was taken up on Wednesday (July 23), the Court was orally informed that there were no vacancies in the posts of scientific officers. It was also informed that the joint meeting has not yet been convened.

"If all posts are filled up as on 30th June 2025, why 529 cases are pending for reports not being received from the laboratories?" the Court inquired.

Noting that neither the government nor the PSC had placed on record the details regarding vacancy in FSLs called for by the Court in its earlier order, the Court directed: "These details and the steps that were directed to be taken per our order dated 3rd July will be placed on record by way of affidavit before next date of hearing."

Regarding the joint meeting, the Court observed, "In this meeting, possibility of the adequacy of the staff of the forensic science laboratory also be discussed if that is the reason for delay."

The Court was considering two aspects in the cases: one of prevention and the other of penalising accused persons.

During the last hearing, the Court had requested the Commissioner of Kochi City to be present to assist it and to inform about the preventive measure taken in respect of the availability of drugs in and around the educational institutes. As per the request, the Commissioner came before the Court and appraised it by way of memo regarding the operations undertaken, details of seizures, types of drugs and the special drives for sensitization and community building.

"These are good initiatives but they must have some legal backing, they must have representation from different departments, this must be made mandatory, their role must be precisely defined," the Court orally observed. 

The Court emphasized on the initiative regarding school protection groups, which has been undertaken following a Circular issued by the State Police Chief around 14 years ago. According to the Circular, the constitution of the group includes head of the institution, president of the Parent-Teacher association, local station house officer (SHO), police officer designated by the SHO, counsellor, school student leader, two willing parents, two willing teachers, one respectable merchant in the locality, one respectable auto driver and respectable residents of the area.

It was informed to the Court that groups have been formed in about 300 schools in Kochi city.

Noting that formation of such school protection groups as per the Circular is a voluntary one, the Court asked the State Attorney to get instructions as to whether the State can make this a formal requirement.

The Court also suggested inclusion of representatives of other departments of the State so that the school protection groups can be made more effective. 

Case Title: Sumi Joseph v. The Chief Secretary and Connected cases

Case No: W.P.(C) No. 23505 of 2023 and Connected cases